Section 45 The Indian Contract Act, 1872
Here is the explanation of:
🔹 Section 45 – The Indian Contract Act, 1872
📘 Section Title: "Devolution of joint rights"
🔍 Text of the Section:
“When a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and, after the death of any of them, with the representative of such deceased person jointly with the survivor or survivors, and after the death of the last survivor, with the representatives of all jointly.”
✅ Explanation:
This section deals with how rights under a joint promise are passed on (devolve) when multiple people are parties to a contract on the receiving side (promisees).
💡 Key Points:
If A promises to pay B and C jointly, both B and C must together enforce the contract during their lifetimes.
If C dies, then B and C’s legal representative together can enforce the promise.
If both B and C die, then their legal representatives jointly have the right to claim performance.
The default rule is joint enforcement, not individual—unless the contract says otherwise.
📚 Example:
A promises to deliver goods to B and C.
✅ During B and C’s lives, both must jointly demand performance.
✅ If C dies, B and C’s legal representative can jointly demand.
✅ If both die, their legal heirs will jointly hold the right.
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